Brussels, 15.04.2004
C (2004) 1364

COMMISSION DECISION

GENERAL IMPLEMENTING PROVISIONS FOR GIVING EFFECT TO ARTICLES 67 AND 68 OF THE STAFF REGULATIONS AND ARTICLES 1, 2 AND 3 OF ANNEX VII THERETO

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68¹ , as last amended by Council Regulation (EC, Euratom) No 723/2004 of 22.3.2004², and in particular Articles 67 and 68 of the Staff Regulations of officials and Articles 1, 2 and 3 of Annex VII thereto, as well as Articles 20 and 65 of the Conditions of Employment of other servants,

Having regard to Articles 5, 10, 11 and 12 of Council Regulation (EEC, Euratom, ECSC) No 2074/83³ amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities and providing for family allowances to be paid to a person, other than the official, who has custody of one or more of the official's dependent children,

Having regard to the opinion of the Staff Regulations Committee,

After consulting the Staff Committee,

Whereas clarification is required regarding the application of Articles 67 and 68 of the Staff Regulations and Articles 1, 2 and 3 of Annex VII thereto concerning the payment of family allowances in order to facilitate the direct payment of such allowances to the persons having custody of one or more of the official's dependent children,

HAS ADOPTED THESE PROVISIONS:

• CHAPTER ONE Common provisions on family allowances

• Article 1

• Article 2

• Article 3

• Article 4

• Article 5

• CHAPTER 2 Provisions on the household allowance

• Article 6

• Article 7

• CHAPTER 3 Education allowance

• Article 8

• Article 9

• Article 10

• CHAPTER 4 Final provisions

• Article 11

• Article 12

CHAPTER ONE
Common provisions on family allowances

Article 1

For the purposes of applying the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities, the term:

• "custody" or "alternating custody" shall be interpreted according to the national law under which custody was granted,
   

• "person other than the official" shall mean any legal or natural person other than the official to whom custody of one or more children has been granted in accordance with the law or pursuant to a court decision or decision of the competent administrative authority,
   

• "residence" shall mean the place where the person having custody of the child can prove that he or she actually and habitually lives.

Article 2

Officials in receipt of family allowances shall make a declaration stating whether or not they have custody of their children. If they receive family allowances for one or more children who have reached the age of majority, they shall indicate the marital status and place of residence of each of them.

Officials who state that they do not have custody of one or more of their children shall also specify in the declaration their family situation, the place of residence of the children of whom they do not have custody, the names and addresses of persons having custody of one or more of their children and the amounts of family allowances paid from other sources either to themselves, to the person having custody of one or more children or to the children direct.

Supporting documents must be attached to that declaration, failing which payment of the family allowances may be suspended.

Article 3

Payment of family allowances shall automatically be made in the name and on behalf of the official to a person other than the official who has custody of the child; that other person may also assert his or her right to be paid the family allowances direct by producing appropriate documentary evidence.

Where custody of the same child alternates between two persons and there is no court order or order of the competent administrative authority or, in the absence of such an order, no stable agreement between the persons concerned laying down the precise pro rata duration of the custody, half of the family allowances shall be paid to each person. Visiting rights shall not be regarded as custody.

Article 4

Family allowances shall be paid to a person other than the official irrespective of whether the official is required to pay maintenance.

Where both family allowances and maintenance are paid to such a person, it shall be up to the official to take the requisite measures to ensure that account is taken of family allowances paid direct.

However, in paying family allowances to a person other than the official over a given period, the Institution shall take account of amounts which it is liable to pay or has paid to that person under a national attachment order pertaining to an obligation to make payments of the same nature.

Article 5

As provided in Article 85 of the Staff Regulations, the Institutions shall recover sums wrongfully paid to a person other than the official on behalf and in the name of the official.

CHAPTER 2
Provisions on the household allowance

Article 6

The household allowance may be paid to a person other than the official only where the official does not have custody of any of the children. Where custody of the same child alternates and there is no court order or order of the competent administrative authority or, in the absence of such an order, no stable agreement between the persons concerned laying down the precise pro rata duration of the custody, half of this allowance shall be paid to each of the persons sharing custody of the child.

Article 7

Where more than one person has custody of the children of an official, and one or more of those persons are entitled to the household allowance in their own right, the rule laid down in the third subparagraph of Article 1(5) of Annex VII to the Staff Regulations, whereby two such allowances may not be received concurrently, shall apply only to the amount of the household allowance divided pro rata in accordance with the second subparagraph of that same paragraph.

CHAPTER 3
Education allowance

Article 8

For the purposes of the third paragraph of Article 3(1) of Annex VII to the Staff Regulations:

• the concept of the place of employment shall be replaced by that of the place of residence of the person who has custody of the child,
   

• the concept of entitlement to the expatriation allowance and the terms “nationality” and “language” referred to in Article 3 of Annex VII to the Staff Regulations shall relate to the official alone.

Article 9

Where custody of one or more children alternates and there is no court order or order of the competent administrative authority or, in the absence of such an order, no stable agreement between the persons concerned laying down the precise pro rata duration of the custody, the amounts paid under the education allowance shall be halved between the official and the person or persons having custody of the child or children.

Article 10

Where transport costs are paid direct by the Institution, the relevant amounts shall be taken into account in calculating the ceilings referred to in Article 3 of Annex VII to the Staff Regulations.

CHAPTER 4
Final provisions

Article 11

These provisions shall apply by analogy to temporary staff, contract staff and, within the limits prescribed in Article 65 of the Conditions of Employment of other servants, auxiliary staff.

Article 12

These provisions shall enter into force on the day following their adoption.
They shall take effect on 1 May 2004.
Done at Brussels, 15.04.2004.

¹ OJ L 56, 4.3.1968, p. 1.
² OJ L 124, 27.4.2004, p. 1.
³ OJ L 203, 27.7.1983, p. 1.